8580 Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 15 

[Docket No. FR–5015–F–02] 

RIN 2501–AD18 

Public Access to HUD Records Under 

the Freedom of Information Act (FOIA) 

and Production of Material or 

Provision of Testimony by HUD 

Employees 

AGENCY: Office of the Secretary, HUD. 

ACTION: Final rule. 

SUMMARY: This final rule clarifies and 

explains the various types of requests 

for HUD documents and testimony by 

HUD employees that are intended to be 

covered by the Department’s document 

production and testimony approval 

regulations. This final rule describes the 

procedures to be followed by a party in 

making a demand for HUD documents 

and HUD testimony. The final rule also 

explains the standards to be followed by 

HUD in determining whether 

production of documents or testimony 

should be permitted and, if so, any 

conditions or restrictions that HUD 

should impose. This final rule follows 

publication of an August 15, 2006, 

proposed rule on which HUD received 

one public comment. After careful 

consideration of the issues raised by the 

commenter, HUD has decided to adopt 

the August 15, 2006, proposed rule with 

minor changes. 

DATES: Effective Date: March 28, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Christopher, Associate General 

Counsel for Litigation, Office of 

Litigation, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 10258, Washington, DC 20410– 

5000; telephone (202) 708–0300 (this is 

not a toll-free number). Persons with 

hearing or speech impairments may 

access this number via TTY by calling 

the toll-free Federal Information Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

HUD’s regulations at 24 CFR part 15 

describe the policies and procedures 

governing public access to HUD records 

under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552) and the policies 

and procedures governing the 

production of material or provision of 

testimony by HUD employees. In § 15.2, 

HUD employees are defined as all 

current or former employees who are 

not employees of the Office of the 

Inspector General. Currently, HUD’s 

FOIA regulations governing the 

production of documents and provision 

of testimony by HUD employees are 

contained in subparts C and D, 

respectively. These regulations contain 

the procedures to be followed when a 

demand is served upon the Department 

or a HUD employee, and when 

employees are asked to provide 

testimony in legal proceedings. 

II. The August 15, 2006, Proposed Rule 

On August 15, 2006, HUD published 

a proposed rule (71 FR 46986) to revise 

the regulations contained in subparts C 

and D of 24 CFR part 15. The proposed 

rule intended to revise and amend 

subparts C and D in order to clarify the 

various types of requests for HUD 

documents and testimony by HUD 

employees that are intended to be 

covered by the regulations in 24 CFR 

part 15. The proposed rule also 

described the procedures to be followed 

by a party in making a demand to HUD 

for documents or testimony. The 

proposed rule explained the standards 

that are to be followed by HUD in 

determining whether production or 

testimony should be permitted and, if 

so, any conditions or restrictions that 

should be imposed on the disclosure. In 

addition to these changes, the proposed 

rule outlined technical corrections in 

both subparts C and D. 

This final rule effects these revisions 

and amendments to subparts C and D. 

Further, the organization of 24 CFR part 

15 is no longer based on a distinction 

between production of material and 

provision of testimony, but rather is 

based on the parties involved in the 

legal proceeding. Subpart C governs 

litigation between private parties, while 

subpart D governs litigation where one 

of the parties is the federal government. 

In order to improve clarity and highlight 

the processes to be followed, subparts C 

and D have been revised in their 

entirety. 

For more detailed information 

regarding the regulatory changes, please 

refer to the preamble of the August 15, 

2006, proposed rule. 

III. This Final Rule; Changes to the 

August 15, 2006, Proposed Rule 

This final rule follows publication of 

the August 15, 2006, proposed rule, and 

takes into consideration the public 

comment received on the proposed rule. 

After careful review of the public 

comment, HUD has made the following 

changes to the proposed rule: 

1. Inclusion of any other factors that 

HUD determines to be significant when 

making a demand. This final rule 

provides that any demand made to HUD 

or a HUD employee to produce any 

material or provide any testimony in a 

legal proceeding among private litigants 

must include specific information. HUD 

is making a minor revision to § 15.203, 

which lists the information that must be 

included in the demand, by adding a 

provision to require the inclusion of 

other factors that HUD considers 

significant. This additional provision 

does not change the obligation of parties 

when making a demand to include all 

information that would assist HUD in 

making a determination regarding the 

demand. 

2. Imposition of conditions and 

restrictions on a demand when the 

United States is a party to the legal 

proceeding. HUD is clarifying the 

regulations to explicitly state that the 

Secretary or General Counsel may 

impose conditions or restrictions on the 

production of any material or provision 

of any testimony when the United States 

is a party to the legal proceeding. The 

proposed rule set forth the standards to 

be considered in making a 

determination of what material and 

testimony would be provided in legal 

proceedings between private parties. 

This final rule now makes these 

standards applicable to legal 

proceedings in which the United States 

is a party. 

IV. Discussion of Public Comments 

Received on the August 15, 2006, 

Proposed Rule 

The public comment period on the 

proposed rule closed on October 16, 

2006. In response to the proposed rule, 

HUD received one public comment, 

from the National Leased Housing 

Association. This section of the 

preamble presents a summary of the 

significant issues raised by the public 

commenter on the August 15, 2006, 

proposed rule, and HUD’s responses to 

those issues. 

Comment: HUD does not have the 

authority to decline to comply with a 

court order to produce material or 

testimony. One commenter wrote that 

proposed revisions to §§ 15.202 and 

15.206 misstate the law, are contrary to 

FOIA, and would create a constitutional 

problem by elevating HUD above court 

authority. The commenter wrote that 

HUD’s reliance on United States, ex. rel. 

Touhy v. Ragen is overstated and that 

the government cannot simply refuse to 

produce evidence or provide testimony. 

The commenter recommends that the 

proposed regulation be replaced with a 

requirement that information will not be 

produced without a properly issued 

subpoena to the properly designated 

federal official and that all information 

should be produced unless it is subject 

to a recognized right or privilege. 


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Federal Register / Vol. 72, No. 37 / Monday, February 26, 2007 / Rules and Regulations 8581 

HUD Response: HUD has not revised 

the rule in response to this comment. As 

proposed, when HUD is not a party to 

the legal proceeding, an employee is not 

to produce material or provide 

testimony unless the Secretary or 

General Counsel has granted prior 

approval. If a court or other authority 

declines to stay the demand until a 

determination is made by the Secretary 

or General Counsel, or if a production 

or provision of testimony is required by 

a court or other authority in spite of a 

determination not to provide the 

requested material, at the direction of 

legal counsel a HUD employee is to 

respectfully decline to comply with the 

demand. HUD, like any other entity that 

is served with a demand, may take all 

appropriate steps to limit the scope of 

or obtain the withdrawal of a demand. 

While the regulations governing the 

production of material and the 

provision of testimony are included 

within the same part as the regulations 

implementing FOIA, these demands are 

not FOIA requests and are not treated as 

such. The purpose of FOIA is to provide 

the public with access to information 

regarding federal agencies in recognition 

of the importance of participation by an 

informed citizenry in the effective 

functioning of the federal government. 

Demands for the production of material 

or the provision of testimony in the 

context of a legal proceeding between 

private litigants do not affect a greater 

understanding of federal agencies for 

the public and, therefore, are not 

afforded the protections contained in 

FOIA’s disclosure requirements. 

Further, HUD’s reliance on United 

States, ex. rel. Touhy v. Ragen (340 U.S. 

462 (1951)) (Touhy) is not 

inappropriate. The court in Touhy 

recognized that the information 

contained in the files of a government 

department and the possibilities of harm 

from unrestricted disclosure in court 

necessitates a centralized determination 

as to whether a demand will be 

complied with or challenged. With 

regard to the issue of an executive 

agency treading on the domain of the 

judicial branch, the court in Touhy, 

reiterating a holding from an earlier 

court case, stated that it is lawful for a 

Secretary to reserve for his/her 

determination matters of this nature. 

Accordingly, because the proposed 

regulation comports with the law and is 

consistent with federal agency practice, 

HUD has not revised it. 

V. Findings and Certifications 

Paperwork Reduction Act 

The information collection 

requirements contained in this final rule 

are under review by OMB under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). Approval and the 

assignment of an OMB control number 

is pending. In accordance with the 

Paperwork Reduction Act, HUD may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless the collection 

displays a currently valid OMB control 

number. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and subject to comment 

rulemaking requirements, unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

The regulatory amendments that are 

made by this final rule are procedural. 

Accordingly, the rule would not have 

any impact on the substantive rights or 

duties of small entities requesting HUD 

records under the Freedom of 

Information Act. Furthermore, because 

the fees charged under this rule are 

limited by FOIA to direct costs of 

searching for, reviewing, and 

duplicating the records processed for 

requesters, the fees are not economically 

significant. 

Accordingly, the undersigned certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Environmental Impact 

This final rule does not direct, 

provide for assistance, or loan and 

mortgage insurance for, or otherwise 

govern or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this proposed 

rule is categorically excluded from the 

requirements of the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.). 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

state and local governments and is not 

required by statute, or the rule preempts 

state law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

final rule does not have federalism 

implications and does not impose 

substantial direct compliance costs on 

state and local governments or preempt 

state law within the meaning of the 

Executive Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531–

1538) (UMRA) establishes requirements 

for federal agencies to assess the effects 

of their regulatory actions on State, 

local, and tribal governments, and on 

the private sector. This final rule does 

not impose any federal mandates on any 

State, local, or tribal government, or on 

the private sector, within the meaning of 

UMRA. 

List of Subjects in 24 CFR Part 15 

Classified information, Courts, 

Freedom of information, Government 

employees, Reporting and 

recordkeeping requirements. 

■ Accordingly, for the reasons discussed 

in the preamble, HUD amends 24 CFR 

part 15 to read as follows: 

PART 15—PUBLIC ACCESS TO HUD 

RECORDS UNDER THE FREEDOM OF 

INFORMATION ACT AND TESTIMONY 

AND PRODUCTION OF INFORMATION 

BY HUD EMPLOYEES 

■ 1. The authority citation for part 15 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d). 

■ 2. Revise § 15.1(b) and (c) to read as 

follows: 

§ 15.1 What is the purpose of this part? 

* * * * * 

(b) Subpart C of this part. Subpart C 

of this part describes the procedures to 

be followed and standards to be applied 

in processing demands for the 

production of material or provision of 

testimony in legal proceedings among 

private litigants. 

(c) Subpart D of this part. Subpart D 

of this part describes the procedures to 

be followed and standards to be applied 

in processing demands for the 

production of material or provision of 

testimony in legal proceedings in which 

the United States is a party. 

* * * * * 

■ 3. In § 15.2(b) add, in alphabetical 

order, definitions of the terms 

‘‘Demand,’’ ‘‘Good cause,’’ ‘‘Material,’’

‘‘Production,’’ ‘‘Testimony,’’ and 

‘‘United States’’ to read as follows: 

§ 15.2 Definitions. 

* * * * * 

Demand means a subpoena, order, or 

other demand of a court or other 

authority that is issued in a legal 


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proceeding and any accompanying 

submissions. 

* * * * * 

Good cause means necessary to 

prevent a miscarriage of justice or to 

promote a significant interest of the 

Department. 

* * * * * 

Material means either documents or 

information contained in, or relating to 

contents of, the files of the Department 

or documents or information acquired 

by any person while such person was an 

employee of the Department as a part of 

the performance of his or her official 

duties or because of his or her official 

status. 

* * * * * 

Production refers to the provision of 

material by any means other than 

through the provision of oral testimony. 

* * * * * 

Testimony refers to any oral or written 

statements made in litigation under oath 

or penalty of perjury. 

* * * * * 

United States refers to the Federal 

Government of the United States 

(including the Department), the 

Secretary, and any employees of the 

Department in their official capacities. 

■ 4. Revise subpart C to read as follows: 

Subpart C—Production of Material or 

Provision of Testimony in Response to 

Demands in Legal Proceedings Among 

Private Litigants 

Sec. 

15.201 Purpose and scope. 

15.202 Production of material or provision 

of testimony prohibited unless approved 

by the Secretary or General Counsel. 

15.203 Making a demand for production of 

material or provision of testimony. 

15.204 Consideration of demands for 

production of material or provision of 

testimony. 

15.205 Method of production of material or 

provision of testimony. 

15.206 Procedure in the event of an adverse 

ruling regarding production of material 

or provision of testimony. 

Subpart C—Production of Material or 

Provision of Testimony in Response to 

Demands in Legal Proceedings Among 

Private Litigants 

§ 15.201 Purpose and scope. 

(a) This subpart contains the 

regulations of the Department 

concerning the procedures to be 

followed and standards to be applied 

when demand is issued in a legal 

proceeding among private litigants for 

the production or disclosure of any 

material, whether provided through 

production of material or provision of 

testimony. 

(b) This subpart does not apply to 

demands, which are covered by part 

2004 of this title, for production of 

material in the files of the Office of 

Inspector General or provision of 

testimony by employees within the 

Office of Inspector General. 

§ 15.202 Production of material or 

provision of testimony prohibited unless 

approved by the Secretary or General 

Counsel. 

Neither the Department nor any 

employee of the Department shall 

comply with any demand for 

production of material or provision of 

testimony in a legal proceeding among 

private litigants, unless the prior 

approval of the Secretary or General 

Counsel has been obtained in 

accordance with this subpart. This rule 

does not apply to any legal proceeding 

in which an employee may be called to 

participate, either through the 

production of documents or the 

provision of testimony, not on official 

time, as to facts or opinions that are in 

no way related to material described in 

§ 15.201. 

§ 15.203 Making a demand for production 

of material or provision of testimony. 

(a) Any demand made to the 

Department or an employee of the 

Department to produce any material or 

provide any testimony in a legal 

proceeding among private litigants 

must: 

(1) Be submitted in writing to the 

Department or employee of the 

Department, with a copy to the 

Associate General Counsel for 

Litigation, no later than 30 days before 

the date the material or testimony is 

required; 

(2) State, with particularity, the 

material or testimony sought; 

(3) State whether expert or opinion 

testimony will be sought from the 

employee; 

(4) State whether the production of 

such material or provision of such 

testimony could reveal classified, 

confidential, or privileged material; 

(5) Summarize the need for and 

relevance of the material or testimony 

sought in the legal proceeding; 

(6) State whether the material or 

testimony is available from any other 

source and, if so, state all such other 

sources; 

(7) State why no document[s], or 

declaration or affidavit, could be used in 

lieu of oral testimony that is being 

sought; 

(8) Estimate the amount of time the 

employee will need in order to prepare 

for, travel to, and attend the legal 

proceeding, as appropriate; 

(9) State why the production of the 

material or provision of the testimony is 

appropriate under the rules of 

procedure governing the legal 

proceeding for which it is sought (e.g., 

not unduly burdensome or otherwise 

inappropriate under the relevant rules 

governing discovery); 

(10) Describe how producing such 

material or providing such testimony 

would affect the interests of the United 

States; and 

(11) Include any other factors that the 

agency determines to be significant. 

(b) Whenever a demand is made upon 

the Department or an employee of the 

Department for the production of 

material or provision of testimony, the 

Associate General Counsel for Litigation 

or designee shall be notified 

immediately. The Associate General 

Counsel for Litigation or designee shall 

maintain a record of all demands served 

upon the Department and refer the 

demand to the appropriate designee for 

processing and determination. 

§ 15.204 Consideration of demands for 

production of material or provision of 

testimony. 

(a) The Secretary or General Counsel 

shall determine what material is to be 

produced or what testimony is to be 

provided, based upon the following 

standards: 

(1) Expert or opinion material or 

testimony. In any legal proceeding 

among private litigants, no employee of 

the Department may produce material or 

provide testimony as described in 

§ 15.201 that is of an expert or opinion 

nature, unless specifically authorized by 

the Secretary or the General Counsel for 

good cause shown. 

(2) Factual material or testimony. In 

any legal proceeding among private 

litigants, no employee of the 

Department may produce material or 

provide testimony as described in 

§ 15.201 unless specifically authorized 

by the Secretary or General Counsel. 

Such authorization may be granted if 

the Secretary or General Counsel 

determines that it is warranted based 

upon an assessment of whether: 

(i) Producing such material or 

providing such testimony would violate 

a statute or regulation; 

(ii) Producing such material or 

providing such testimony would reveal 

classified, confidential, or privileged 

material; 

(iii) Such material or testimony is 

relevant to the legal proceeding; 

(iv) Such material or testimony can be 

obtained from any other source; 

(v) One or more documents, or a 

declaration or affidavit, could 

reasonably be provided in lieu of oral 

testimony; 


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(vi) The amount of employees’ time 

necessary to comply with the demand is 

reasonable; 

(vii) Production of the material or 

provision of the testimony is 

appropriate under the rules of 

procedure governing the legal 

proceeding for which it is sought (e.g., 

unduly burdensome or otherwise 

inappropriate under the relevant rules 

governing discovery); and 

(viii) Producing such material or 

providing such testimony would 

impede a significant interest of the 

United States. 

(b) Once a determination has been 

made, the requester will be notified of 

the determination, the reasons for the 

grant or denial of the demand, and any 

conditions that have been imposed 

upon the production of the material or 

provision of the testimony demanded. 

(c) The Secretary or General Counsel 

may impose conditions or restrictions 

on the production of any material or 

provision of any testimony. Such 

conditions or restrictions may include 

the following: 

(1) A requirement that the parties to 

the legal proceeding obtain a protective 

order or execute a confidentiality 

agreement, the terms of which must be 

acceptable to the Secretary or General 

Counsel, to limit access to, and limit 

any further disclosure of, material or 

testimony; 

(2) A requirement that the requester 

accept examination of documentary 

material on HUD premises in lieu of 

production of copies; 

(3) A limitation on the subject areas 

of testimony permitted; 

(4) A requirement that testimony of a 

HUD employee be provided by 

deposition at a location prescribed by 

HUD or by written declaration or 

affidavit; 

(5) A requirement that the parties to 

the legal proceeding agree that a 

transcript of the permitted testimony be 

kept under seal or will only be used or 

made available in the particular legal 

proceeding for which testimony was 

demanded; 

(6) A requirement that the requester 

provide the Department with a copy of 

a transcript of the employee’s testimony 

free of charge; or 

(7) Any other condition or restriction 

deemed to be in the best interests of the 

United States. 

(d) The determination made with 

respect to the production of material or 

provision of testimony is within the sole 

discretion of the Secretary or General 

Counsel and shall constitute final 

agency action from which no 

administrative appeal is available. 

§ 15.205 Method of production of material 

or provision of testimony. 

(a) Where the Secretary or General 

Counsel has authorized the production 

of material or provision of testimony, 

the Department shall produce such 

material or provide such testimony in 

accordance with this section and any 

conditions imposed upon production of 

material or provision of testimony 

pursuant to § 15.204. 

(b) In any legal proceeding where the 

Secretary or General Counsel has 

authorized the production of 

documents, the Department shall 

respond by producing authenticated 

copies of the documents, to which the 

seal of the Department has been affixed, 

in accordance with its authentication 

procedures. That authentication shall be 

evidence that the documents are true 

copies of documents in the 

Department’s files and be sufficient for 

the purposes of Rule 902 of the Federal 

Rules of Evidence. 

(c) If response to the demand is 

required before the determination from 

the Secretary or General Counsel is 

received, the U.S. Attorney, or such 

other attorney as may be designated for 

the purpose, will appear or make such 

filings as are necessary to furnish the 

court or other authority with a copy of 

the regulations contained in this subpart 

and inform the court or other authority 

that the demand has been, or is being, 

as the case may be, referred for prompt 

consideration. The court or other 

authority shall be requested respectfully 

to stay the demand pending receipt of 

the requested determination from the 

Secretary or General Counsel. 

§ 15.206 Procedure in the event of an 

adverse ruling regarding production of 

material or provision of testimony. 

If the court or other authority declines 

to stay the demand made in accordance 

with § 15.205 pending receipt of the 

determination from the Secretary or 

General Counsel, or if the court or other 

authority rules that the demand must be 

complied with irrespective of the 

determination by the Secretary or 

General Counsel not to produce the 

material or provide the testimony 

demanded or to produce subject to 

conditions or restrictions, the employee 

upon whom the demand has been made 

shall, if so directed by an attorney 

representing the Department, 

respectfully decline to comply with the 

demand. (United States ex rel. Touhy v. 

Ragen, 340 U.S. 462 (1951)). 

■ 5. Revise subpart D to read as follows: 

Subpart D—Production of Material or 

Provision of Testimony in Response to 

Demands in Legal Proceedings in Which 

the United States Is a Party 

Sec. 

15.301 Purpose and scope. 

15.302 Procedure for review of demands for 

production of material or provision of 

testimony in any legal proceeding in 

which the United States is a party. 

15.303 Consideration of demands for 

production of material or provision of 

testimony. 

15.304 Method of production of material or 

provision of testimony. 

Subpart D—Production of Material or 

Provision of Testimony in Response to 

Demands in Legal Proceedings in 

Which the United States Is a Party 

§ 15.301 Purpose and scope. 

(a) This subpart contains the 

regulations of the Department 

concerning the procedures to be 

followed and standards to be applied 

when demand is issued in a legal 

proceeding in which the United States 

is a party for the production or 

disclosure of any material, whether 

provided through production of material 

or provision of testimony. 

(b) This subpart does not apply to 

demands, which are covered by part 

2004 of this title, for production of 

material in the files of the Office of 

Inspector General or provision of 

testimony by employees within the 

Office of Inspector General. 

§ 15.302 Procedure for review of demands 

for production of material or provision of 

testimony in any legal proceeding in which 

the United States is a party. 

All demands for production of 

material or provision of testimony in 

any legal proceeding in which the 

United States is a party shall be directed 

to the agency through the attorney 

representing the United States in the 

proceeding. Whenever the Department 

or an employee of the Department is 

notified by the attorney representing the 

United States of the demand for the 

production of material or provision of 

testimony in any legal proceeding in 

which the United States is a party, the 

Associate General Counsel for Litigation 

or designee shall be notified 

immediately. 

§ 15.303 Consideration of demands for 

production of material or provision of 

testimony. 

(a) The Secretary or General Counsel 

shall consult with the attorney 

representing the United States as to the 

response to the demand for production 

of material or to the provision of 

testimony. 


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(b) An employee of the Department 

may not testify as an expert or opinion 

witness unless specifically authorized 

by the Secretary or the General Counsel 

for good cause shown. 

(c) The Secretary or General Counsel 

may impose conditions or restrictions 

on the production of any material or 

provision of any testimony, as set forth 

in section 15.204(c). 

§ 15.304 Method of production of material 

or provision of testimony. 

Where the Secretary or General 

Counsel has authorized the production 

of material or provision of testimony, 

the Associate General Counsel for 

Litigation or designee shall arrange for 

the production of any authorized 

material or provision of any authorized 

testimony through the attorney 

representing the United States. Where 

the Secretary or General Counsel has 

authorized the production of 

documents, the Department may 

respond by producing authenticated 

copies of the documents, to which the 

seal of the Department has been affixed 

in accordance with its authentication 

procedures. That authentication shall be 

evidence that the documents are true 

copies of documents in the 

Department’s files and be sufficient for 

the purposes of Rule 902 of the Federal 

Rules of Evidence. 

Dated: February 16, 2007. 

Roy A. Bernardi, 

Deputy Secretary. 

[FR Doc. E7–3140 Filed 2–23–07; 8:45 am] 

BILLING CODE 4210–67–P 


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